CSPA Advisory July 1, 2010
CSPA Sues Northstate Recycling
The lawsuit alleges that waste discharges from the Northstate Recycling exceed allowable standards and benchmarks for numerous pollutants, including total suspended solids, specific conductivity, oil and grease, copper, lead, zinc, aluminum, iron and chemical oxygen demand. It further alleges the facility has failed to: 1) develop and implement standard Best Available and Best Conventional Treatment Technologies, 2) develop and implement an adequate Stormwater Pollution Prevention Plan, 3) develop and implement an adequate Monitoring and Reporting Program and 4) falsely certified compliance in annual reports.
The action asks the court to: 1) declare Northstate Recycling to be in violation of the law, 2) enjoin defendant from discharging pollutants to surface waters, 3) enjoin defendant from further violating the substantive and procedural requirements of the permit, 4) order defendant to immediately implement pollution controls equivalent to Best Available and Best Conventional Technology, 5) comply with monitoring and reporting requirements, 5) prepare a legally adequate Stormwater Pollution Prevention Plan, 6) pay civil penalties for each day of violation and 7) award CSPA the costs of bringing the complaint.
The Law Offices of Andrew Packard and Jackson & Tuerck are CSPA's attorneys in this matter.